Terms of Service

These Terms are an agreement between you and Directive LLC, a Kentucky limited liability company ("Directive", "we", "us"). They cover the Directive mobile app (the "App") and the website at directivefitness.com (the "Website"). Together we call them the "Service".

The App is available for iPhone. Where these Terms mention Android, Health Connect or Google Play, they apply once the App is available on Android.

You agree to these Terms and to our Privacy Policy when you tick the box in the App that says you agree, when you join the beta test, or when you submit an application or a message on the Website. If you do not agree, do not use the Service.

1. Who can use Directive

Directive is for adults. You must be at least 18 years old to use the Service. Before you can use the App you are asked to consent to it handling your health information on your device; without that consent the App cannot be used, and you can withdraw it at any time in the App's Settings. The App requests an age-range signal from your device's operating system or app store, asks for your date of birth as a second measure, and will not continue for anyone under 18.

The App is offered in the United States. If you use it elsewhere, you are responsible for following your local law.

2. Health and safety: please read this

Directive is an informational tool designed to assist with personal fitness, nutrition planning, and macro-tracking. It does not provide medical advice, diagnosis, or treatment. Always consult a qualified physician or healthcare professional before beginning any new diet, caloric deficit program, or exercise regimen, particularly if you are managing a medical condition, taking prescription medications such as GLP-1 agonists, or experiencing rapid weight changes.

The Service's calculations are based on general nutritional formulas. They have not been clinically validated, including for people with medical conditions or people using medications that affect appetite, weight or metabolism.

California notice (Business and Professions Code section 2068): NOTICE: State law allows any person to provide nutritional advice or give advice concerning proper nutrition—which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.

Directive is not a medical device. It is not intended to diagnose, treat, cure or prevent any disease or condition.

What the App gives you are estimates. Your calorie and macronutrient targets, your weight trend, your body-fat estimate, your projected dates and every recommendation are calculated from the figures you enter or import and from general formulas. They can be wrong for you. The App does not know your medical history.

The App advises; you decide. It includes settings that produce a large calorie deficit, including a short-term mode called Afterburner. The App may warn you about such a setting, but it will not stop you from choosing it. A recommendation in the App is never an instruction, and nothing changes in your plan unless you choose it.

Do not use Directive to restrict your eating, to lose weight, or to increase your training without first getting the approval of a qualified healthcare professional if any of these apply to you:

• you are pregnant, trying to become pregnant, or breastfeeding;
• you have, or have had, an eating disorder or disordered eating;
• you have diabetes, heart, kidney or liver disease, or any other condition affected by diet or exercise;
• you take prescription medication, including GLP-1 or other appetite-modulating medication;
• you are underweight, or you have been told by a healthcare professional not to lose weight.

Stop and seek medical help if you feel faint, dizzy or unwell, or if you have chest pain or trouble breathing during exercise. In an emergency, call 911.

A report created by the App, including one labeled for a doctor, trainer or nutritionist, is a summary of the figures you entered. It is not a medical record and it is not a diagnosis.

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS ABOUT DIET, EXERCISE, MEDICATION AND HEALTH. YOU UNDERSTAND THAT CHANGING YOUR DIET, LOSING OR GAINING WEIGHT, AND EXERCISING CARRY INHERENT RISKS, INCLUDING THE RISK OF INJURY AND ILLNESS, AND YOU VOLUNTARILY ASSUME THOSE RISKS. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU RELEASE US FROM ALL CLAIMS FOR PERSONAL INJURY, ILLNESS OR ANY OTHER HEALTH OUTCOME ARISING FROM YOUR USE OF THE SERVICE, INCLUDING CLAIMS ARISING FROM OUR OWN NEGLIGENCE. THIS RELEASE DOES NOT APPLY TO OUR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE RELEASED BY LAW.

3. Your data stays on your device

The App has no accounts and no sign-in. Everything you enter is stored on your own device. We do not hold a copy, and the App does not send it to us.

Information leaves your device only in the ways our Privacy Policy describes: a file you choose to create and share; your device's own backup, if you have it turned on; the subscription record kept by the app store and by our subscription provider once paid plans are available, which contains no health information; and what your app store's beta testing service collects during the beta.

That means:

• If you delete the App, use "Delete all my data" in its Settings, or lose, reset or replace your device, your data is gone unless you kept a backup. We cannot recover it for you.
• The App lets you save a backup file and restore from it. The file is encrypted with a password you choose. We do not keep that password and cannot recover it: if you lose it, the backup cannot be opened. Keeping the file and its password safe is your responsibility.
• Other files the App can create for you (a report, a spreadsheet, a calendar file) are not encrypted. Anyone who can open one can read it.
• You are responsible for the accuracy of what you enter, and for keeping your own device secure.

Our Privacy Policy explains this in full.

4. Your license to use the App

We give you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices that you own or control (Apple-branded devices, if you got the App from Apple's App Store), for your own personal, non-commercial use, as allowed by the rules of the app store you got it from, including Apple's Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed to you, not sold. A subscription gives you access to paid features for as long as the subscription is active; it does not give you ownership of the App or of any part of it.

You may not:

• copy, modify, or create derivative works from the App;
• reverse engineer or decompile the App, except where the law does not allow this restriction;
• sell, rent, lease, sublicense or redistribute the App;
• remove any proprietary notice;
• use the App or the Website in a way that breaks the law or harms us or anyone else;
• attempt to get around the App's subscription or feature limits.

5. Ownership

The Service, including its software, design, text, graphics, calculations and the Directive name and logo, belongs to us or our licensors and is protected by law. These Terms do not give you any right in it other than the license in section 4.

The information you enter is yours.

If you send us feedback, ideas or suggestions, you allow us to use them freely, without payment or obligation to you.

6. The beta test

Before public release, the App is offered as a free beta test through your app store's beta testing service (Apple's TestFlight on iPhone). If you take part:

• The beta is provided for testing. It may contain errors, lose data, change without notice, or stop working. Keep a backup file if your data matters to you.
• Every feature is unlocked during the beta, and nothing is sold. This is temporary. When paid plans are introduced, some features will require a subscription, as described in section 7. Taking part in the beta does not give you a right to keep any feature free afterwards.
• We may end the beta, or your access to it, at any time.
• The beta testing service's own terms also apply to your use of the beta.

7. Plans, the free trial and subscriptions

This section applies once paid plans are available in the App.

Plans. The App has a free plan and two paid plans, called Cruise and Pro. The features in each plan, and the price, are shown in the App before you subscribe. At the time of writing the prices in the United States are $2.99 a month for Cruise and $7.99 a month for Pro. We may change prices for new subscribers. We will not raise the price of a subscription you already have without clear notice between 7 and 30 days before the new price applies. The notice states the new price and how to cancel, and it is given by the app store and in the App. If you do not want to pay the new price, cancel before it applies and you will not be charged it.

The free trial. When you first install the App you get 14 days of Pro features at no charge. You do not need to give payment details, and you are not charged when the trial ends. When it ends, the App moves to the free plan unless you choose to subscribe. The trial is offered once per installation.

Subscriptions renew automatically. A paid plan is a monthly subscription taken out through your app store account (your Apple Account or your Google account) using the app store's in-app purchase. Payment is charged to your app store account when you confirm the purchase. The subscription renews automatically every month, at the price then in effect, until you cancel. To avoid being charged for the next month, cancel at least 24 hours before the end of the current period. Your app store account is charged for the renewal within 24 hours before the end of the current period.

How to cancel. You can cancel at any time in your device's subscription settings. On an iPhone: open Settings, tap your name, then Subscriptions, then Directive, then Cancel Subscription. On Android: open the Google Play app, tap your profile picture, then Payments and subscriptions, then Subscriptions, then Directive, then Cancel subscription. Deleting the App does not cancel a subscription. When you cancel, you keep the paid features until the end of the period you have paid for.

Refunds. Payments are processed by the app store you subscribed through (Apple's App Store or Google Play), and refund requests are handled under that app store's policies. We cannot issue refunds ourselves. To ask for a refund of an App Store subscription, use Apple's refund page at reportaproblem.apple.com. To ask for a refund of a Google Play subscription, use Google Play's refund help page at support.google.com/googleplay/answer/2479637. You can cancel at any time in your device's subscription settings; canceling stops the next renewal. Except where the law requires it, payments are not refundable and we do not give refunds or credits for part of a subscription period. If the law where you live gives you a right to cancel and receive a refund, nothing in these Terms limits that right.

When a paid plan or the trial ends. The features of that plan stop. If a Pro-only program (a Targeted Refeed or Afterburner) is running at that moment, it ends, and the App goes back to calculating your ordinary daily targets. Your recorded data stays on your device; ending a plan deletes nothing.

Changing plans. You can change between Cruise and Pro in your app store's subscription settings. The app store decides when the change takes effect and how any difference is charged.

8. Charter applications on the Website

The Website lets you apply for Charter Access by giving your email address and answering some questions. Charter Access is offered in limited groups. Applying records your place and your priority for the current intake; it does not guarantee access, a place in the beta, or any price or benefit. We may change the number of places or the timing at our discretion. You can withdraw your application at any time by emailing privacy@directivefitness.com.

9. Changes to the Service

We may add, change or remove features, and we may stop offering the App or the Website. If we remove a paid feature for which you have a current subscription, your remedy is to cancel the subscription, and you may ask the app store for a refund.

10. Third-party services

The App can read information from your device's health service (Apple Health on iPhone, Health Connect on Android) if you allow it, and it uses the app store's in-app purchase and a subscription service called RevenueCat. Other products you may use with it, such as a smart scale, a watch or a fitness tracker, are provided by other companies. We are not responsible for those products or for the accuracy of the data they produce.

11. Ending these Terms

You can stop using the Service at any time by deleting the App. To end a subscription you must also cancel it as described in section 7.

We may suspend or end your right to use the Service if you break these Terms. Sections 2, 5, 12 to 16 and 18 continue to apply after these Terms end.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE, THAT YOUR DATA WILL NOT BE LOST, OR THAT USING THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY WEIGHT, BODY-COMPOSITION, FITNESS OR HEALTH RESULT.

Some states do not allow certain warranties to be excluded, so some of the above may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD THAT SUCH DAMAGES ARE POSSIBLE. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR PERSONAL INJURY WHERE THE LAW DOES NOT ALLOW IT TO BE LIMITED.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $100. THIS CAP DOES NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

Some states do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Your responsibility to us

To the extent the law allows, you agree to cover our reasonable losses and costs, including legal fees, arising from a claim by someone else that results from your breach of these Terms or your misuse of the Service.

15. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law rules.

If you have a dispute with us, please contact us first at legal@directivefitness.com. We will try to resolve it informally within 60 days. If we cannot, any claim must be brought exclusively in the state or federal courts located in Fayette County, Kentucky, and you and we agree to the exclusive jurisdiction of those courts. Either of us may instead bring an individual claim in small claims court where you live, if it qualifies. Nothing in this section takes away any right the law of the place where you live gives you to bring a claim there.

16. Terms required by Apple

This section applies if you got the App from Apple's App Store.

These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.

• Support. We are solely responsible for support and maintenance of the App. Apple has no obligation to provide any.
• Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent allowed by law, Apple has no other warranty obligation for the App.
• Claims. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to a legal requirement, and consumer protection or privacy claims.
• Intellectual property. If someone claims that the App infringes their intellectual property rights, we, not Apple, are responsible for dealing with that claim.
• Legal compliance. You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

17. Changes to these Terms

We may update these Terms. When we do, we will change the date at the top. If a change is material, we will give you notice before it takes effect, through a prominent notice in the App and on the Website, at least 30 days in advance unless the law requires the change sooner. When a material change takes effect, the App asks you to agree to the updated Terms before you continue using it. A change does not apply to a dispute that arose before it took effect. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel any subscription.

18. General

If a court finds part of these Terms unenforceable, the rest remains in effect. If we do not enforce a term, that is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours as part of a sale or reorganization of the business. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

19. Contact

Directive LLC952 Winchester Rd, Unit #308, Lexington, KY 40505Legal questions: legal@directivefitness.comSupport: support@directivefitness.com, or the support form at directivefitness.com/support

California residents. Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice. The Service is provided by Directive LLC, 952 Winchester Rd, Unit #308, Lexington, KY 40505, telephone 859-414-6943. The Website is free to use. The App's plans and prices are described in section 7. If you have a complaint about the Service, or want more information about using it, contact us at legal@directivefitness.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.